13th City Council

41st Regular Session

Series of 2002

Republika ng Pilipinas
LUNGSOD NG DABAW
Tanggapan ng Sannguniang Panlungsod

PRESENT:

Councilor Jimmy G. Dureza, Acting Presiding Officer

Councilor Nilo G. Abellera
Councilor Ma. Belen S. Acosta
Councilor Victorio S. Advincula
Councilor Wilberto E. Al-ag
Councilor Alexis C. Almendras
Councilor Leonardo R. Avila, III
Councilor Gerald B. Bangoy
Councilor Salvador V. Caingles
Councilor Danilo C. Dayanghirang
Councilor April Marie C. Dayap
Councilor Shane L. Dolor
Councilor Emmanuel D. Galicia, Sr.
Councilor Frances Mabel A. Laman
Councilor Pater T. Lavia
Councilor Angela A. Librado
Councilor Liborio V. Lumain
Councilor Disdado Angelo A. Mahipus, Sr.
Councilor Teresita Mata-Maraon
Councilor Bonifacio E. Militar
Councilor Tomas J. Monteverde, IV
Councilor Beethoven L. Orcullo
Councilor Myrna G. LDolado-Ortiz
Councilor Susan Isabel C. Reta
Councilor Dioscoro B. Sampaga, Jr.
Councilor Isidro T. Ungab

ON OFFICIAL BUSINESS:

Vice Mayor Luis C. Bonguyan- OIC, City Mayors Office

ORDINANCE NO. 060-02

Series of 2002

AN ORDINANCE PROHIBITING THE MANUFACTURE, SALE,

DISTRUBUTION, POSSESSION OR USE OF FIRE CRACKERS OR
PYROTECHNIC DEVICES AND SUCH OTHER SIMILAR DEVICES AND THE
EXPLODING OF FIRECRACKERS OR OTHER SIMILAR EXPLOSIVES
WITHIN THE TERRITORIAL JURISDICTION OF DAVAO CITY.

Be it ordained by the Sangguniang Panlungsod of Davao City in session

assembled, that:
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Ord. No. 060-02

SECTION 1. PURPOSE OF THIS ORDINANCE. It is the purpose

of this Ordinance to prohibit the manufacture, sale, distribution, possession and
use of firecrackers or pyrotechnic devices and such other similar devices and the
exploding of firecrackers and other explosives, within Davao City in furtherance
of public safely, peace, order and security of the community.

SECTION 2. PROHIBITED ACTS. (a) It shall be unlawful for any

person or business establishment to manufacture, sell or offer sale, distribute,
possess or use any firecracker or pyrotechnic devices or such other similar devices
within the territory of Davao City;

SECTION 3. PENALTIES. Violation of any of the provision of

Section 2 of this Ordinance shall be penalized as follows:

A.) For the first offenses, a fine of One Thousand Pesos (P1,000.00) or
imprisonment of not more that One (1) month but not less than twenty
(20) days, or both fine and imprisonment, at the discretion of the
Court;

B.) For the second offense, a fine of Three Thousand Pesos (P3,000.00) or
imprisonment of not more than Three (3) months but not less than One (1)
month, or both fine and imprisonment, at the discretion of the Court.

C.) For the third offense, a fine of Five Thousand Pesos (P5,000.00) or
imprisonment of not more than Six (6) months but not less Three (3)
months, or fine and imprisonment, at the discretion of the Court.

If the violation is committed by a business establishment, the President

of General Manager other person, acting in behalf of either the
President or General Manager shall be held liable in the case of a
corporation or partnership, or the owner or proprietor or the person
acting in his behalf shall be held responsible in the case of a single
proprietorship.

In addition to the foregoing penalties, the business permit of the

business establishment shall be cancelled by the City Mayor upon the
commission of the third offense.

SECTION 4. SEPARABILITY CLAUSE. - Should any of the

provision of this Ordinance be declared inoperative by the Courts for being
inconsistent with the Constitution or the law, the other unaffected provision of
this Ordinance shall remain in full force and effect.

SECTION 5. REPEALING CLAUSE. Any and all ordinances or

parts thereof which are inconsistent with the provision of this Ordinance are
hereby repealed or modified accordingly.
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Ord. No. 060-02

SECTION 6. This Ordinance shall take effect after its approval and
following its publication in a newspaper of general circulation.

ENACTED, October 15, 2002, by a majority vote of all the Members of

the Sangguniang Panlungsod.

CERTIFIED CORRECT:

(SGD.) LOLITA C. GARCIA

Secretary to the Sangguniang Panlungsod
(City Government Department Head II)

ATTESTED:

(SGD.) JIMMY G. DUREZA

City Councilor
Acting Presiding Officer
/lvl

APPROVED: November 6, 2002

(SGD.) RODRIGO R. DUTERTE

City Mayo

ATTESTED:

LEO G. DE LOS SANTOS

City Administrator

A CERTIFIED TRUE COPY:

MARGARITO C. DELA CRUZ

Assistant Secretary
(City Government Assistant Department Head II)
/lvl 11/8/02